A WEEKLY QUOTA OF FISHERY SHORTS CAUGHT AND LANDED BY THE INSTITUTE FOR FISHERIES RESOURCES AND THE PACIFIC COAST FEDERATION OF FISHERMEN’S ASSOCIATIONS _________________________________________________________________________________________________________
SUBLEGALS
~ WE HOOK THE NEWS THAT’S FIT TO NET~
VOL. 14, NO. 06 03 July 2008
THIS AND PAST ISSUES OF SUBLEGALS AVAILABLE IN PDF AT: WWW.SUBLEGALS.NET

“Every crab one man catches is a crab another man has lost. It is a mean business and makes for mean men. As humans, after all, we become that which we seek. Dairy farming makes men steady and reliable and temperate; deer hunting makes men quiet and fast and sensitive; crabbing makes men suspicious and wily and ruthless.”
-- Adapted from Stern Men by Elizabeth Gilbert

IN THIS ISSUE…….
Supreme Court Rules On Exxon Valdez Oil Spill Punitive Damages……………...………........14:06/01.
Bush Administration Fails In Bid To Reduce West Coast Salmon Disaster Relief……....….....14:06/02.
More Co-Sponsors Added To Federal Legislation For Fishermen’s Healthcare..….….….…...14:06/03.
Schwarzenegger Raid On Funds From Fishing Licenses Thwarted……..................................14:06/04.
AND MORE……
____________________________________________________________________________________

14:06/01: SUPREME COURT APPROVES, BUT DRASTICALLY CUTS, EXXON VALDEZ CASE PUNITIVE DAMAGES AWARDS: On 25 June, nearly 20 years after the event, the U.S. Supreme Court finally ruled on the award of punitive damages to the roughly 33,000 plaintiffs in a massive class action suit for damages caused by the Exxon Valdez oil spill. Exxon Valdez’s commanding officer and Exxon Corporation employee, Captain Joseph Hazelwood, had a known drinking problem and was drunk and had abandoned his post at the time the vessel ran aground in Prince William Sound, Alaska, on 24 March 1989. He was the only officer aboard certified to take the giant supertanker through the sound.

That 11 million gallon oil spill, the largest in U.S. history, damaged fisheries in the ecologically sensitive Prince William Sound, previously one of the world’s richest fisheries, and spread oil for hundreds of square miles. Thousands of commercial fishermen, fishing dependent businesses and native Alaskans dependent on subsistence fisheries were damaged, and the fishery has never fully recovered. The trial court had awarded $5 billion in punitive damages, which was trimmed by the (th Circuit Court of Appeals court to $2.5 billion in 1994.

Exxon Corporation argued before the Supreme Court, based on an ancient maritime case (The Amiable Nancy) 16 U.S. 546 (1818), that punitive damages are not appropriate in maritime cases to charge a ship’s owner for the negligence of a captain at sea, on the grounds that once out to sea the ship’s owners could not exercise any communication or control over the captain’s actions. PCFFA filed an Amicus brief in the case in support of punitive damages for fishermen that noted that unlike in 1818, commercial ships at sea today such as the Exxon Valdez are in nearly constant ship-to-shore radio, satellite and email touch with company officials, were not only responsible for employment of a known drunk in such a sensitive position with no backup, but who were in constant touch with the vessel and could have taken action at any point to prevent the accident.

By a split 4-4 vote, the Justices failed to rule on the issue of whether punitive damages were assessable to a ship’s owner in maritime cases, leaving the 9th Circuit Court of Appeals Court ruling that they were intact, but not resolving this issue at the higher Court. But by a 5-3 majority, however, the Justices decided that absent malice or intention, punitive damages attributable to mere negligence should be comparable to actual compensatory damages on a roughly 1-to-1 basis, and thus cut the punitive damages award to $507.5 million plus interest. This is the equivalent of roughly 5 days of Exxon Corporation profits as of 2007. The average claimant among the 33,000 plaintiffs will not get about $15,000. Nearly 20 percent of the claimants have died since the disaster in 1989, but their heirs or estate could qualify for this payment. Justice Alito recused himself from the proceedings because he owns Exxon Corporation stock.

Many, but not all of the class members entitled to compensation have been identified and contacted, and some claimants have been out of touch and need to update their contact information. If you have already been contacted and have moved, or alternatively if you are the heir of a prior claimant, or think you might otherwise be qualified to receive some of this compensation, you can find out more information on the Internet at: www.exspill.com or by calling (800)397-7455 ((800)EXSPILL). Copies of the pleadings and briefs, the final Supreme Court decision, as well as a Frequently Asked Questions section about the claims and case are on that website.

If you were fishing in Alaska during spring of 1989, or working in any fishing industry capacity in Alaska during that year, and think you may be a claimant, you may also get additional information on whether you are on the claimant list from the Law Firm of Faegre & Benson (www.faegre.com), which was handling much of the litigation, as well as more information on the case at: www.faegre.com/articles/article_751.aspx, or from the Law Firm of Jamin, Schmitt, St. John in Kodiak, AK, which can be contacted at (907)486-6024.

For media coverage of the decision see the 26 June Oregonian article at: www.oregonlive.com/news/oregonian/index.ssf?/base/news/121445251742580.xml&coll=7 and the Juneau Empire 26 June articles http://juneauempire.com/stories/062608/sta_295993319.shtml and http://juneauempire.com/stories/062608/sta_295993306.shtml.

14:06/02: BUSH ADMINISTRATION FAILS IN BID TO REDUCE SALMON DISASTER RELIEF: In their latest outrage against the West Coast salmon fishery, the Bush Administration attempted to take out $70 million dollars from the $170 million dollars already earmarked in the Farm Bill for disaster relief to the West Coast commercial salmon fleet and associated businesses. The Bush Administration cited the need to pay for the upcoming census and said that the $170 million was too much money for a fishery they claim is worth much less. Other independent state agency estimates put the loss to coastal communities in California and Oregon at around $290 million due to the complete ocean salmon fishing closure. It should be remembered that the $290 million estimate is for the salmon fishery as it exists today. A healthy salmon fishery would be worth far more. A 1992 Pacific Rivers study estimated the annual economic impact of the Northern California and Oregon ocean commercial salmon fishery at $184 million/year in 1988 dollars, equivalent to more than $337 million/year in personal income impacts for a healthy fishery in 2008 dollars.

The Administration’s effort to reduce the disaster relief funding stalled after 14 members of Congress from California, Oregon, and Washington sent a scathing letter to President Bush on 10 June. Representative Mike Thompson, who drafted the letter, wrote to the President that “[t]his proposal is especially egregious when you consider that your administration's water policies on all of the Pacific Northwest's major salmon rivers are the reason this disaster funding is needed in the first place.” Despite the Bush Administration’s attempt to reduce the disaster relief funding, the final version of the Farm Bill included the original amount of $170 million.

President Bush vetoed the final version of the Farm Bill (H.R. 6124) on 18 June but both the House and Senate quickly overrode his veto by wide margins. This was not the first time the Bush Administration tried to reduce disaster funding to the West Coast salmon fishery after their own water policies caused fishery failures. In 2007 the Bush Administration attempted to challenge the $60.4 million in disaster relief, which was eventually passed into law and allocated to fishermen and businesses impacted by the 2006 Klamath closures, again asserting that the value of the closed fishery was much lower.

Look for more information regarding the distribution of the disaster relief funds in future Sublegals. For a 27 June Capital Press article on the failed attempt to reduce disaster relief funds go to www.capitalpress.info/main.asp?SectionID=67&SubSectionID=616&ArticleID=42579&TM=65248.9#articleguestbookForm. An archive of 2008 salmon disaster letters and documents, including the 10 June letter, is available on the PCFFA web site (www.pcffa.org) under “2008 Salmon Disaster.”

14:06/03. NEW CO-SPONSORS ADDED TO FEDERAL LEGISLATION IN SUPPORT OF FISHERMENS HEALTH CARE: Representative Henry Waxman (D-CA), Representative Jay Inslee (D-WA), and Representative David Wu (D-OR) are among the newest of the co-sponsors for H.R. 5404 and S.2630, the Commercial Fishing Industry Health Care Coverage Act of 2008. Waxman, Inslee and Wu now join the ranks of 37 other members of Congress in supporting fishermen’s health care. Senator Ted Kennedy (D-MA) and Representative Barney Frank (D-MA) introduced the respective bills on 13 February 2008.

The legislation calls for funding to coastal states for planning, implementation and 5 years of administration of health care programs specifically for commercial fishermen and their families. The legislation was based on the successful health care program founded by the Massachusetts Fishing Partnership Health Plan (www.fphp.org), which has been proven to save taxpayers $4 for every $1 dollar spent on the plan. The Commercial Fishermen of America, in its quest to unite all the commercial fishermen of the country into a nationwide coalition, is heading up the effort to provide health care to all fishing families. For more information (including a sample support letter to send to your Congressperson) please see the Commercial Fishermen of America’s website at http://cfafish.org/actionalerts.html. For a list of all co-sponsors please see www.cfafish.org/healthcare.html. To see the March 2008 Fishermen's News article on the plan written by Sara Randall and Zeke Grader see www.pcffa.org/fn-mar08.htm.

14:06/04. SCHWARZENEGGER RAID ON FUNDS FROM FISHING LICENSES THWARTED: An attempt by California Governor Arnold Schwarzenegger to transfer $4 million from the state's Hatchery and Inland Fisheries Fund (HIFF) to the state's General Fund was thwarted by California Trout, a statewide fishery conservation organization. Because the monies provided in the HIFF come from licenses sold to anglers in California, CalTrout called for a freeze on fishing license fees. "It is unfair to the two million anglers who annually buy fishing licenses in this state to continue to see their fees raised year after year by the Department of Fish and Game when it is simultaneously cutting back fish hatchery operations, wild trout protection, and programs for recovery of endangered species like salmon," said Brian Stanko, CEO of CalTrout. The State Assembly Budget Subcommittee on Natural Resources then approved the transfer, though contingent on the license freeze. However, the Budget Conference Committee did not approve the transfer, in part due to the Administration's official withdrawal of the proposal. The HIFF was created in 2005 by Assembly Bill 7 in an effort to ensure that at least 30% of the nearly $60 million collected yearly through fishing licenses is used to improve fishing opportunities through hatchery upgrades and the state's wild trout program. For more information, see the 2 July 2008 IndyBay article at www.indybay.org/newsitems/2008/07/02/18512792.php.

14:06/05. EUROPEAN UNION CLOSES BLUEFIN FISHERY EARLY: The European Union (EU) closed the season for the bluefin tuna fleet two weeks early this year for vessels flying flags of France, Italy, Greece, Cyprus, Spain, and Malta in the east Atlantic and Mediterranean Sea. Being highly prized, with a single fish capable of fetching up to $100,000, bluefin tuna have been overfished for years and scientists fear that the species may die out without banning the use of purse seine nets.

Not surprisingly, some EU member countries are upset, specifically France and Italy. The French have been particularly angry, going so far as to request the EU Fisheries Commission "explain its decision in an intelligible way." With patience apparently exhausted, EU Fisheries Commissioner Joe Borg accused Italy and France of quota busting (under-reporting) and noted the use of illegal spotter planes by EU vessels, which identify tuna shoals and direct fishing fleets. A Commission statement points out that at least eight French purse seine vessels have declared no catches over the course of the season, despite reporting 21 days of fishing. With official figures showing half the French fleet catching nothing and the other half catching 90% of their individual quotas despite all vessels showing similar activity rates, something seems amiss. France is not the only country trying the Commission's patience, however, as Spain has been accused of allowing their vessels to harvest undersized fish, also illegal.

Despite strong, angry words from the French, the EU Fisheries Commission will doubtfully go back on its decision. Last year the international bluefin tuna quota was exceeded by 25% and Joe Borg, from Malta, seems determined not to allow that to happen this year. Nonetheless, France is currently taking over the rotating Presidency of the EU, and will likely have a bit of sway. Read more about the ban at Planet Ark, www.planetark.com/dailynewsstory.cfm/newsid/48849/story.htm. Additional information is available from FishUpdate www.fishupdate.com/news/fullstory.php/aid/11392 and a 24 June 2008 Reuters article, http://uk.reuters.com/article/worldNews/idUKL2466283220080624,

14:06/06. OFFSHORE WIND FARMS: RENEWABLE ENERGY COMING FROM THE OCEANS: The need to reduce dependence on foreign oil has some businesses looking towards the ocean as a site for renewable energy-producing wind farms. Plans are being sketched for numerous sites off the coast of New England, including New Jersey and Delaware. Some fishermen, generally opposed to offshore building because of potential interference with trawling gear, have banded together to form Fishermen's Energy, a company bidding to be a part of the planning, building, and operations of future wind farms off the New England coast. With the rising cost of fuel prices, increasing state and federal regulations on what fish and where fish can be caught, how much time boats can spend at sea, Fishermen's Energy has taken the stance that renewable energy is needed and offshore wind energy will be coming, whether they like it or not. As Daniel Cohen, the President of Fishermen's Energy and owner of Atlantic Cape Fisheries and Bristol, Rhode Island-based Gallilean Seafoods, says, "Why not develop more of the ocean resources, utilize our vessels, our docks, our crews to the extent we can retrain our employees, our fishermen to be technicians for wind farms?"

A wind farm planned off the coast of Delaware is closer to receiving approval from legislators and governmental agencies. Babcock & Brown, an investment firm based out of Australia, has agreed to sell a portion of the power generated from the wind farm to Delmarva Power in a 25-year contract. Two hundred megawatts of power will be sold, with an additional 400 generated. The project will be built by Bluewater Wind Delaware LLC, a unit of Babcock & Brown. To read more about this wind farm's construction, see the 25 June 2008 Planet Ark article at www.planetark.com/dailynewsstory.cfm/newsid/48984/story.htm. Find more information on Fishermen's Energy see the 22 June 2008 Providence Journal article at www.projo.com/news/content/bz_fishermen_energy22_06-2208_0LAIIUS_v21.3a4af69.html.

14:06/07. CALIFORNIA ASSEMBLY BILL 1806 PASSES OUT OF COMMITTEE: In the face of dwindling health of the San Francisco Bay Delta, Assemblywoman Lois Wolk's Fish Rescue Plans Bill, AB 1806, passed out of the Senate Natural Resources & Water Committee on 24 June 2008. With the degradation of numerous Delta fisheries, including the collapse of the Central Valley fall chinook salmon run and struggling Delta smelt, the bill was considered a huge victory for those trying to restore the Delta. The bill addresses how to deal with fishery disaster rescues by establishing emergency fish rescue measures. "It also requires the Water Board to conduct a comprehensive review and require the state and federal water projects to be responsible for their impacts on Delta fisheries," said Assemblywoman Wolk (D-Davis).

Those who testified in support of the bill included John Beuttler, Conservation Director of the California Sportfishing Protection Alliance and Dick Pool, coordinator of Water for Fish. A number of other fishing and fishermen's groups spoke in support of the bill. Big water agencies, including the Metropolitan and Westlands Water Districts, make up the opposition to AB 1806, since it's passage would deem them responsible for a share of the salmon and other fish killed by diversion of massive amounts of water from the Delta and in Delta pumps. AB 1806 next goes to Senate Appropriations Committee. For more information, see the 24 June 2008 IndyBay.org article at www.indybay.org/newsitems/2008/06/24/18510783.php.

14:06/08. WFOA SUBMITS TROLL CAUGHT ALBACORE FOR MSC CERTIFICATION: The Western Fishboat Owners Association (WFOA) Board of Directors voted on 28 June 2008 to initiate a Marine Stewardship Council (MSC) certification process to deem the North Pacific U.S. albacore troll fishery sustainable. The certification is awarded to fisheries the MSC, a global non-profit organization, deems are well-managed. Citing the uncertainty in market prices due to, in large part, high fuel costs, the WFOA Board determined that the certification would help promote troll caught Pacific albacore. For more information on the WFOA, see www.wfoa-tuna.org and for information about the MSC and their certification process, see www.msc.org.

14:06/09. ACID WASHED JEANS, NOT SO MUCH: A study published in the 13 June 2008 issue of Science proves that the atmospheric carbon dioxide being absorbed by the ocean is lowering the ocean’s pH and causing the water to acidify. The study was conducted on the continental shelf off the west coast of Northern America, spanning central Canada to northern Mexico. Seasonal upwelling, or nutrient cycling in the ocean, encouraged the advancement of corrosive deep waters into the western continental shelf and scientists are concerned about indigenous organisms, particularly those who rear young in those environments, who need to create calcium carbonate shells, or who feed on shelled organisms. The abstract can be read online at www.sciencemag.org/cgi/content/abstract/320/5882/1490, but payment is necessary to download the article. A summary is available from the Environmental Science & Technology at http://pubs.acs.org/subscribe/journals/esthag-w/2008/jun/science/np_oceans.html.

14:06/10. 60 MINUTES PIECE ON COLUMBIA/SNAKE RIVER SALMON AVAILABLE ONLINE: For those of you who missed the Lesley Stahl piece on the federal government’s failing effort to restore endangered salmon to the Columbia and Snake Rivers, the segment is now available online. To watch the video that originally aired on 23 June go to www.cbsnews.com/sections/i_video/main500251.shtml?id=4201088n&channel=/sections/60minutes/videoplayer3415.shtml.

14:06/11. CALIFORNIA BAY DELTA COMMENTS SOUGHT: The California Delta Vision Blue Ribbon Task Force is currently accepting comments on its new draft strategic plan for California's Bay Area Delta. Comments received after 1 July 2008 but before August, 2 September and 30 September will be reviewed at the subsequent Delta Vision Blue Ribbon Task Force. A copy of the strategic plan can be read at http://deltavision.ca.gov/BlueRibbonTaskForce/June2008/Item_4_Attachment1.pdf.

14:06/12. FISH PRINTS: Christopher Dewees is showing his Japanese Fish Prints from 12 June to 9 July 2008. His Fishes of the Pacific Rim collection is on display at the International House, 10 College Park, Davis, California. As the former Marine Fisheries Specialist at University California at Davis, he served as liaison between the University of California and the state's commercial and recreational fishing industries. View his art online at http://deweesnaturedesigns.com.

14:06/13. SUMMIT FOR SALMON – ANNUAL BENEFIT CLIMB OF MOUNT RAINER: This August nine climbers, including IFR’s own Sara Randall, have joined the Summit for Salmon team. The climbers will scale Mount Rainer in an effort to raise awareness about the ongoing plight of Columbia and Snake River salmon and the communities that depend on them, and to raise money for Save Our Wild Salmon,a coalition of fishing and conservation groups (including IFR and PCFFA) dedicated to restoring those salmon to the Columbia River basin. The climbers will begin their ascent on 22 August. Each climber has set a goal to raise $2,500. If you would like to donate money to help IFR’s Sara Randall contact her at srandall@ifrfish.org. For more information go to www.wildsalmon.org.

14:06/14. WORK TO HELP PROTECT THE WORLD’S LARGEST SOCKEYE FISHERY: The Bristol Bay Working Group, a consortium of conservation organizations, Alaska Native Tribes and Corporations, subsistence, sport and commercial fishermen and scientists are seeking a motivated and highly organized individual to help lead efforts to protect Bristol Bay from harmful, large scale mining. As part of his/her duties, the Coordinator is responsible for optimizing the coordination and communication among disparate and far flung groups. Applicants should possess excellent verbal and written communication skills; a high level of organization; a strong sense of teamwork; ability and experience juggling complex tasks; good public speaking skills; budget preparation and tracking experience; ability to travel to remote locations, and a good sense of humor. This is an Alaska-based position. Salary is DOE. The position includes health, dental and retirement benefits. To receive a detailed job description email seaktim@aol.com. To apply please send a cover letter, resume, a short writing sample and at least three references via email by 15 July 2008 to seaktim@aol.com subject line: Bristol Bay Conservation Job.

14:06/15. RED GOLD TO BE RELEASED ON DVD THIS FALL: Red Gold, a documentary produced by Felt Soul Media and Trout Unlimited Alaska about the Bristol Bay salmon fishery and the proposed Pebble Gold Mine, will be released on DVD this fall. The film, which won the best documentary prize at the Telluride Mountain Film Festival this May, explores the conflict over the proposed construction of the Pebble Mine at the headwaters of Bristol Bay. The Pebble Mine would be the world’s largest open pit mine and would likely snuff out a pristine salmon fishery – although the mining company, Northern Dynasty Minerals, contends that they can extract the minerals without harming salmon habitat. A more likely scenario, according to opponents of the mine who appeared in the film, is that much of Bristol Bay’s pristine habitat will be destroyed just as Gold Rush mining activities in California destroyed salmon habitat in the Sacramento-San Joaquin watershed. For more information and to see the trailer go to www.feltsoulmedia.com/main.html.

14:06/16. NOMINATIONS DUE 21 JULY. The National Oceanic and Atmospheric Administration (NOAA) is seeking nominations for multiple vacancies on the Marine Fisheries Advisory Committee (MAFAC). The Committee advises the Secretary of Commerce in living marine resource matters and nominees should have fisheries habitat-related expertise and ecosystem management interests. See the full announcement at www.nmfs.noaa.gov/ocs/mafac/charter.htm. The main MAFAC website is www.nmfs.noaa.gov/ocs/mafac/index.htm and current membership can be seen at www.nmfs.noaa.gov/ocs/mafac/members.htm.

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